| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of the offense of interference with |
|
|
child custody. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 25.03, Penal Code, is amended to read as |
|
|
follows: |
|
|
Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A |
|
|
person commits an offense if the person takes or retains a child |
|
|
younger than 18 years of age when the person: |
|
|
(1) knows that the person's taking or retention |
|
|
violates the express terms of a judgment or order of a court that |
|
|
provides for the possession of or access to the child [disposing of
|
|
|
the child's custody]; [or] |
|
|
(2) has not been appointed managing or possessory |
|
|
conservator [awarded custody] of the child by a court of competent |
|
|
jurisdiction, knows that a suit for divorce, a suit affecting the |
|
|
parent-child relationship, or a civil suit or application for |
|
|
habeas corpus to provide for possession of or access to the child |
|
|
[dispose of the child's custody] has been filed, and takes the child |
|
|
out of the geographic area of the counties composing the judicial |
|
|
district if the court is a district court or the county if the court |
|
|
is a statutory county court, without the permission of the court and |
|
|
with the intent to deprive the court of authority over the child; or |
|
|
(3) has been appointed managing or possessory |
|
|
conservator of the child by a court of competent jurisdiction and, |
|
|
without the permission of the court and with the intent to deprive |
|
|
another conservator of the child of possession of or access to the |
|
|
child, changes the physical residence of the child without |
|
|
notifying the other conservator of the child's new address and any |
|
|
other information necessary for possession of or access to the |
|
|
child. |
|
|
(b) A noncustodial parent commits an offense if, with the |
|
|
intent to interfere with the lawful custody of a child younger than |
|
|
18 years of age, the noncustodial parent knowingly entices or |
|
|
persuades the child to leave the custody of the custodial parent, |
|
|
guardian, or person standing in the stead of the custodial parent or |
|
|
guardian of the child. |
|
|
(c) It is a defense to prosecution under Subsection (a)(2) |
|
|
that the actor returned the child to the geographic area of the |
|
|
counties composing the judicial district if the court is a district |
|
|
court or the county if the court is a statutory county court, within |
|
|
three days after the date of the commission of the offense. |
|
|
(d) It is a defense to prosecution under Subsection (a)(3) |
|
|
that the actor attempted, using due diligence and reasonable |
|
|
methods of communication, to provide the other managing or |
|
|
possessory conservator of the child with the necessary information. |
|
|
(e) An offense under this section is a state jail felony. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
For purposes of this section, an offense is committed before the |
|
|
effective date of this Act if any element of the offense occurs |
|
|
before that date. An offense committed before the effective date of |
|
|
this Act is covered by the law in effect when the offense was |
|
|
committed, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |